Trespass

Question 1

When does a person become a trespasser?

Answer 1

A person is not a trespasser until he or she has been warned to leave by the lawful occupier and then refuses to do so

Question 2

What are the elements of trespass?

Answer 2

Trespasses
On any place
After being warned To leave that place by any occupier of that place
Neglects or refuses to do so

Question 3

What are the defences of trespass?

Answer 3

If the defendant can prove they were at the address because of
– their own protection
– the protection of somebody else
– an emergency involving their property or the property of some other person
– the occupier has changed (section 4)

Question 4

What is section 3 of the Trespass Act 1980?

Answer 4

Trespass after warning to leave

Question 5

What is section 4 of the Trespass act 1980?

Answer 5

Trespass after warning to stay off

Question 6

What is section 9 of the Trespass Act 1980?

Answer 6

Demand details after sections 3 or 4 ( Name, address and firearms licence if relevant)

Question 7

Can tenants trespass landlords?

Answer 7

Yes

Question 8

What can we do if someone fails to comply with Section 9 of the Trespass Act 1980

Answer 8

Warn them of the consequences and then if they persist, arrest.

Question 9

In regards to the Trespass Act 1980, what is the element Trespass proven by?

Answer 9

Is on another persons property without authority or permission.

Question 10

In regards to the Trespass Act 1980, what is the element On any place proven by?

Answer 10

At any physical address

Question 11

In regards to the Trespass Act 1980, what is the element After being told to leave that place by any occupier of the place, proven by?

Answer 11

Must be told to leave by the lawful occupier of that address

Question 12

In regards to the Trespass Act 1980, what is the element Neglects or refuses to do so proven by?

Answer 12

After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.